Fla 2d DCA Gets It: Switching or Subsituting Plaintiffs Does Not Eliminate Standing Issue of the Party Who Originally Filed Foreclosure Lawsuit

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see Substituted Foreclosure Plaintiff Must Still Prove Standing of the Original Plaintiff

The importance of this case, is that the 2d DCA is showing its discomfort with the musical chairs strategy employed by banks in foreclosure. Standing is required in order to file a lawsuit. You can’t acquire it after the lawsuit is filed and you can’t get around THAT by “substituting” a new party Plaintiff.

I would go further to state that the substitution of the new Party Plaintiff raises questions that MUST be answered in discovery and MUST be part of the prima facie case of the new Plaintiff or the Old Plaintiff. The door is opening on the ability of homeowners to be very aggressive in…

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About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
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